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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3629
Experience:  Experienced in state and federal criminal litigation.
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Sister owned car but let Brother use it regularly. Brother

Resolved Question:

Sister owned car but let Brother use it regularly. Brother was using car and let Defendant use it. Sister could not find Defendant for 5 hours and called police. Sister filed case for theft-by-taking(Georgia). NOW SISTER WANTS TO DROP CHARGES.

HOW CAN SISTER DROP CHARGES? SHOULD SHE CONTACT PROSECUTOR AND/OR SHOW UP TO COURT AND TESTIFY AGAINST THE CHARGE? WHAT IS A DEFENSE AGAINST THEFT-BY-TAKING CHARGE?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 3 years ago.
Chat Conversation Started
TexCrimLawyer, J.D. :

The sister can call the district attorney and inform them she no longer wants to pursue charges, but ultimately the decision is up to the DA

Customer :

Likelihood of guilty verdict if Sister does not want to testify? What evidence/proof?

TexCrimLawyer, J.D. :

The best thing she can do is head to the DA's office and fill out an affidavit of non-prosecution.

TexCrimLawyer, J.D. :

What will sister say if she does testify?

Customer :

Sister found out in conversation with Brother that Defendant did not steal car--Brother gave him the keys and Defendant did not know that she was to receive car. Defendant thought car was Brother's car. Defendant thought he had permission to use car until he was finished his job. She now knows that Defendant did not intend to keep her from having the car.

TexCrimLawyer, J.D. :

In order to make the case, the DA needs the testimony of the sister because he needs evidence that she did not consent to defendant using the vehicle.

TexCrimLawyer, J.D. :

If she tells the DA what you've written, the DA should drop charges. If Defendant has a lawyer, Sister should go through the lawyer rather than go to the DA herself.

Customer :

Sister wants to drop charges. Sister never has car. Car is just registered and insured in her name. Brother kept possession of the car. Can Brother testify. Or, Sister will say she gave Defendant permission in order to have charges dropped. Sister no longer wants to prosecute case because she realizes she rushed to call police and the severity of the charges.

TexCrimLawyer, J.D. :

Brother can testify that he gave the car to Defendant, and gave Defendant the impression that it was his vehicle. If Defendant thinks he has permission to use the car, then Defendant has not committed a crime. Since he lacks the intent to steal the car, no crime has been committed.

Customer :

Thank you

TexCrimLawyer, J.D. :

If my answers have been helpful, please click the "Accept" button (that's how I get credit for my work). Good luck.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3629
Experience: Experienced in state and federal criminal litigation.
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